Terms and Conditions of Service
1) This is the complete agreement between Forrest J. Cavalier III, doing business as Mib Software, and customers of the newsrAte evaluation service.
2) Customer agrees to provide access to their equipment for the purposes of news server comparisons.
3) Mib Software will attempt to provide daily reports comparing performance of your server to "expected" values in a fixed set of sample groups. (Currently 200 groups.) Comparisons are based on statistical sampling of a number of newsgroups, which is usually an accurate representation of overall performance, but this cannot be guaranteed.
4) Circumstances beyond the control of Mib Software, (such as network outages, DNS failures, or equipment downtime) may delay or preclude reporting. This service guarantees at least 20 daily reports per month. No refund or service period extension will be provided if this level of service is met, or if the failure or unavailability was due to customer's own systems. In the unlikely event that at least 20 reports are not provided, the service period will be extended without charge.
5) The fee for account setup or account re-activation is US$20. This fee is not refundable, and is due at account setup.
6) The cost of service is US$20 per month. This monthly fee is due in full after 7 daily reports are sent. You may cancel the service at any time before the 7th report is sent, and will not be charged that month's fee. There is no refund or partial refund for that month's service if you elect to cancel after that.
The minimum increment of service is one month. Customers may request monthly credit card processing for their convenience. Pre-Payment by check or money order is accepted with a three month minimum, 12 month maximum period of service.
7) Mib Software reserves the right to modify sampling, reporting policies, and report content without advance notice for improvements or to protect the reputation and integrity of the Comparison Service
Mib Software reserves the right to refuse to honor orders or renewals deemed frivolous or abusive of this policy or terms of service. Mib Software reserves the right to limit subscribers to guarantee adequate service.
8) This service is available only under the condition that the customer agrees to indemnify
and hold harmless Mib Software from any loss or damage arising from the reports, their
contents, and/or failure to provide reports, even if the reports contain inaccuracies or
omissions. You agree that Mib Software's liability is limited to refund of the service fees.
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